top of page
CAlogo_11_22_08_edited.png

Terms & Conditions

1. DEFINITIONS: (a) “CARRIER”, “WAREHOUSE”, “CAI”: Means Connect Art International, its employees and representatives that issue this Bill of Lading. (b) “PROPERTY”: Means all things in whole or in part, that are tendered for transport, storage and logistics related services, including but not limited to packing, crating, installation or other related services. (c) “SHIPPER” or “CLIENT”: Means the person or organization that retains CAI to collect and deliver Property and perform transportation related services and who then becomes liable to remit CAI for charges incurred. (d) “NVD”: No value declared. Shipper consigns Property for carriage by CAI and does not declare a value on that Property; thus releasing the carrier to its minimum level of liability as set forth in section 3, below. (e) “PBS”: Packed by Shipper, condition of contents unknown.

2. CAI’S LIABILITY IS LIMITED: THE MAXIMUM LIABILITY OF CAI FOR LOSS OR DAMAGE BY ANY CAUSE, INCLUDING NEGLIGENCE, IS LIMITED TO $0.60 (SIXTY CENTS) PER POUND AS DETERMINED BY THE ACTUAL WEIGHT OF THE UNWRAPPED PROPERTY, BUT IT CANNOT EXCEED THE ACTUAL LOSS. CAI SHALL NOT BE LIABLE FOR ANY CLAIM IN EXCESS OF $0.60 (SIXTY CENTS) PER POUND, PER ARTICLE, WHETHER THE RESULT OF LOSS, DAMAGE, DELAY, NON-DELIVERY, MISDELIVERY OR MISINFORMATION, UNLESS THE SHIPPER DECLARES A HIGHER VALUE, PAYS AN ADDITIONAL CHARGE, AND DOCUMENTS ITS ACTUAL LOSS IN ACCORDANCE WITH THE CLAIM FILING RULES ON THIS BILL OF LADING. Should any claim in an amount in excess of the foregoing limits of liability be asserted against CAI by a third party for loss or damages to Property handled by CAI, the Shipper, Consignee, and Client agree to indemnify and hold harmless CAI. The provisions of this contract also extend to Property damaged inside or outside a Shipper or Consignee’s premises or place of business. To the extent that the Carmack Amendment 49 USC § 14706 is applicable to the Shipment, CAI herein incorporates by reference all benefits, defenses and exemptions of the aforementioned statute to the full extent they may be applicable, including, but not limited to CAI’s $0.60 (sixty cents) per pound limitation of liability and the two year limitation of time to commence an action. To the extent that the Convention on the Contract for International Carriage of Goods by Road (“CMR”), May 19, 1956, 399 U.N.T.S. 189 is applicable to the Shipment, CAI herein incorporates by reference all benefits, defenses and exemptions of the aforementioned statute to the full extent they may be applicable. To the extent that the Carriage of Goods by Sea Act (“C.O.G.S.A.”) or the Harter Act, 46 U.S.C. § 30701 are applicable to the Shipment, CAI herein incorporates by reference all benefits, defenses and exemptions of the aforementioned statutes to the full extent they may be applicable, including, but not limited to the $500 per package limitation of liability and the one year limitation of time to commence an action.

3. TIME LIMITS AND PROCEDURES: You must notify CAI in writing of any damages within twenty-four (24) hours after discovery of damages to the Property, but in no event more than three (3) days following the date of delivery of the Property by CAI (whichever is sooner). Claims for loss, damage or delay must be filed in writing with CAI within nine months after the delivery and receipt of the Shipment, except that claims for failure to make delivery must be filed in writing within nine months after a reasonable time for delivery has elapsed. Client must hold packaging, shipping containers and it’s contents in the same condition they were in when the damage was discovered. Suits for loss, damage, injury or delay must be commenced against CAI no later than two years from the day when delivery was made (unless the shipment is subject to the Carriage of Goods by Sea Act (“C.O.G.S.A.”) and then C.O.G.S.A.’s one year limitation of time applies). When notice is not given, claims are not filed, or suits are not commenced pursuant to these terms and conditions, all claims shall be deemed waived.

4. EXCLUSIONS: CAI is not responsible or otherwise liable, directly or indirectly, for loss or damage to the Property of the Shipper due to Property involving: improperly or inadequately packing or mislabeling by Shipper, its agents or employees or by a third party directed by CAI; internal damage or concealed breakage, breakage of mirrors, marble, stone, metal, glass, ceramic, works in plaster, uncured (wet paintings not thoroughly dry) paintings, inherent vice, defect, weakness, wear, tear, gradual deterioration, moths, insects, rodents, vermin, pre-existing conditions, the fabrication, repairing, refinishing, renovating, framing, restoring or retouching process, internal mechanics or instrumentation, waxen, resinous, or viscous surface areas be they wet, semi-dry, or hardened state, excessively worn Property, such as antiques in disrepair, damage or depreciation arising from variation on atmospheric temperature or level of humidity, uncured or unset varnish applied to furniture, mysterious disappearance, fire, lightning, windstorm, hail, explosion, earthquakes, floods, mudslides, collapse, water, burglary, theft, vandalism, malicious mischief, rust, oxidation, mold, directional orientation to which the Shipper does not affix descriptive

arrows in advance, extreme weather, changes in temperature or humidity, acts of God, breakdown or mechanical defect of vehicles or equipment, faulty or impassable highways, civil disobedience, riots, strikes or lockouts, illegal or unlawful actions, loss or damage related to war, invasion, acts of foreign enemies or customs officials, hostilities, rebellion, revolution, insurrection, military or usurped power of confiscation or conversion by any government, public or local authority, ionizing radiations, contamination by radioactivity from any nuclear fuel or waste, radioactive, toxic, explosive or other hazardous properties of any nuclear component, any weapon of war, biological or chemical weapons, terrorism, willful misconduct of the consignor, damage caused by spoilage, contamination, deterioration, freezing, electrical and/or mechanical failure, damage to refrigerated and/or temperature controlled Property, damage caused by mechanical or electronic derangement on clocks, scientific instruments, computers, hi-fi equipment; decrease in market value, leakage, loss in weight or volume, folded or rolled art. Regarding damage to any item that is part of a pair or set, CAI shall only be liable for the separate value of the damaged item without respect to any special value claimed for such item as a part of a pair or set. CAI shall not be liable for physical damage to Property after delivery or installation, or after departing an installation site. The following shall not be transported by CAI under any circumstance: contraband, illegal Property, firearms, ammunition, explosives, chemicals, noxious property, livestock, plants, biological or other hazardous property. The act of consigning these Property to CAI shall entitle CAI to recover all costs for fines, penalties, legal fees, damage to CAI equipment and/or costs associated with personal injury and/or compensation to CAI employees. The Shipper indemnifies CAI against all loss or damage to property or persons caused by said dangerous property. CAI is at liberty to dispose of any Property associated with said dangerous property and all disposal charges shall be billed to the Shipper.

5. INSURANCE: CAI does not automatically provide Insurance for the Property. At Client’s request, CAI may arrange for Insurance to be purchased at a premium that is based on the declared value of the Property in transit and is added to the cost of CAI’s services. Said declared value must appear on the face of the Bill of Lading and may not be altered once Property has been received for transport unless CAI issues written consent for such alteration.

6. BILLS OF LADING: Only CAI employees may alter the terms on the face of CAI’s Bill of Lading. In the event that any shipper or consignee attempts to, or alters this Bill of Lading, such changes or alterations are deemed VOID and UNENFORCEABLE.
7. USE OF OTHER CARRIERS: In the event that Property cannot be delivered as directed by Shipper, CAI is authorized to engage other carriers at CAI’s discretion. Shipments that involve other carriers remain subject to the terms and conditions of this bill of lading.

8. WAIVER OF SUBROGATION: Client agrees to relinquish Shipper’s rights and that of Shipper’s insurers to subrogate against CAI for any damages resulting from services provided by CAI. Furthermore, the Shipper agrees to indemnify and hold harmless CAI from any claim or lawsuit arising from the shipment of the Property via CAI, including but not limited to, any action commenced by any insurers or Third Parties.

9. CONSEQUENTIAL AND SPECIAL DAMAGES: CAI shall not be liable for any consequential or special damages, including, but not limited to, loss caused by delay, loss of revenue, income, profit, market value, utility and/or profit, and emotional distress whether or not CAI had knowledge that such damages might be incurred.

10. LOGISTICS SERVICES, PACKING, CRATING, STORAGE AND INSTALLATION: THE TERMS AND CONDITIONS OF THIS BILL OF LADING INCLUDING, BUT NOT LIMITED TO, CAI’S LIMITATION OF LIABILITY TO $0.60 (SIXTY CENTS) PER POUND APPLY TO ALL OF CAI’S SERVICES INCLUDING, BUT NOT LIMITED TO, PACKING, CRATING, STORAGE AND INSTALLATION. Property tendered to CAI for transport without instruction relating to place of delivery will be stored at CAI’s warehouse and be subject to the terms and conditions of CAI’s Warehouse Receipt. The terms and conditions of CAI’s Warehouse receipt are incorporated herein by reference and can be found on CAI’s website. CAI shall not be responsible for physical damage to Property after delivery or installation, or after departing an installation site.

11. JURISDICTION and SEVERABILITY: This Bill of Lading and the relationship of the parties shall be governed by California Law without regard to principles of California’s choice of law rules. CAI and Shipper agree to the jurisdiction of the United States District Court for the Central District of California and Courts of the State of California and that any action relating to the services performed, shall only be brought in said courts. In the event any Paragraph(s) and/or portions hereof are found to be invalid and/or unenforceable, the remainder hereof shall remain in full force and effect.

Connect Art
International
San Francisco, CA 94124

Telephone    415 824 2422 

Connect

bottom of page